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Waxman Bill Could Strip FCC Of Power To Reclassify Broadband

Rep. Henry Waxman
reportedly is readying legislation that would require wired broadband providers to follow neutrality principles for at least two years, but would also strip the Federal Communications Commission of
the ability to reclassify broadband access as a "telecommunications service."

A draft of the measure, which surfaced online on Tech Daily Dose late Monday,
also would exempt wireless carriers from some key neutrality rules.

Wireless providers would only be banned from preventing
consumers from visiting lawful sites and from blocking lawful applications that compete with voice or video communications services.

The measure states that the FCC would be able to fine
broadband providers up to $2 million for intentional violations of the law. The statute also would expire at the end of 2012.

If enacted, the bill would completely scuttle the FCC's ability to
craft neutrality rules by preventing the agency from reclassifying broadband as a telecommunications service under Title II of the Communications Act. Currently, broadband is categorized as an
information service; a federal appellate court ruled earlier this year that the FCC lacks authority to enforce neutrality rules because broadband is considered an information service.

FCC
Chairman Julius Genachowski responded to that ruling by proposing that broadband access be reclassified as a telecommunications service, subject to some common carrier rules.